South Carolina
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
S.C. Code Ann. §
16-3-1700. Definitions. (2006)
As used in this
article:
(A)
"Harassment in the first degree"
means a pattern of intentional, substantial, and unreasonable intrusion into the
private life of a targeted person that serves no legitimate purpose and causes
the person and would cause a reasonable person in his position to suffer mental
or emotional distress. Harassment in the first degree may include, but is not
limited to:
(1)
following the targeted person as
he moves from location to location;
(2)
visual
or physical contact that is initiated, maintained, or repeated after a person
has been provided oral or written notice that the contact is unwanted or after
the victim has filed an incident report with a law enforcement
agency;
(3)
surveillance of or the maintenance
of a presence near the targeted person's:
(a)
residence;
(b)
place
of work;
(c)
school;
or
(d)
another
place regularly occupied or visited by the targeted person;
and
(4)
vandalism and property
damage.
(B)
"Harassment in the second degree"
means a pattern of intentional, substantial, and unreasonable intrusion into the
private life of a targeted person that serves no legitimate purpose and causes
the person and would cause a reasonable person in his position to suffer mental
or emotional distress. Harassment in the second degree may include, but is not
limited to, verbal, written, or electronic contact that is initiated,
maintained, or repeated.
(C)
"Stalking"
means a pattern of words, whether verbal, written, or electronic, or a pattern
of conduct that serves no legitimate purpose and is intended to cause and does
cause a targeted person and would cause a reasonable person in the targeted
person's position to fear:
(1)
death
of the person or a member of his family;
(2)
assault
upon the person or a member of his family;
(3)
bodily
injury to the person or a member of his family;
(4)
criminal sexual contact on the
person or a member of his family;
(5)
kidnapping of the person or a
member of his family; or
(6)
damage
to the property of the person or a member of his family.
(D)
"Pattern" means two or more acts
occurring over a period of time, however short, evidencing a continuity of
purpose.
(E)
"Family" means a spouse, child,
parent, sibling, or a person who regularly resides in the same household as the
targeted person.
(F)
"Electronic contact" means any
transfer of signs, signals, writings, images, sounds, data, intelligence, or
information of any nature transmitted in whole or in part by any device, system,
or mechanism including, but not limited to, a wire, radio, computer,
electromagnetic, photoelectric, or photo-optical system.
(G)
This
section does not apply to words or conduct protected by the Constitution of this
State or the United States, a law enforcement officer or a process server
performing official duties, or a licensed private investigator performing
services or an investigation as described in detail in a contract signed by the
client and the private investigator pursuant to Section 40-18-70.
S.C. Code Ann. §
16-3-1730. Penalties for conviction of stalking.
(2006)
(A)
A
person who engages in stalking is guilty of a felony and, upon
conviction, must be fined not more than five thousand dollars, imprisoned not
more than five years, or both.
(B)
A
person who engages in stalking
when an injunction or restraining order is in effect prohibiting this conduct is
guilty of a felony and, upon conviction, must be fined not more than seven
thousand dollars, imprisoned not more than ten years, or both.
(C)
A
person who engages in stalking
and who has a prior conviction of harassment or stalking within the preceding ten years is
guilty of a felony and, upon conviction, must be fined not more than ten
thousand dollars, imprisoned not more than fifteen years, or both.
(D)
In
addition to the penalties provided in this section, a person convicted of stalking
who received licensing or registration information pursuant to Article 4,
Chapter 3 of Title 56 and used the information in furtherance of the commission
of the offense pursuant to this section must be fined one thousand dollars or
imprisoned one year, or both.
S.C. Code Ann. § 16-3-1720. Penalties for conviction of harassment
in the first degree. (2006)
(A)
Except
as provided in subsections (B) and (C), a person who engages in harassment in
the first degree is guilty of a misdemeanor and, upon conviction, must be fined
not more than one thousand dollars, imprisoned not more than three years, or
both.
(B)
A
person who engages in harassment in the first degree when an injunction or
restraining order is in effect prohibiting this conduct is guilty of a
misdemeanor and, upon conviction, must be fined not more than two thousand
dollars, imprisoned not more than three years, or both.
(C)
A
person who engages in harassment in the first degree and who has a prior
conviction of harassment or stalking
within the preceding ten years is guilty of a felony and, upon conviction, must
be fined not more than five thousand dollars, imprisoned not more than five
years, or both.
(D)
In
addition to the penalties provided in this section, a person convicted of
harassment in the first degree who received licensing or registration
information pursuant to Article 4 of Chapter 3 of Title 56 and used the
information in furtherance of the commission of the offense under this section
must be fined one thousand dollars or imprisoned one year, or
both.
S.C. Code Ann. §
16-3-1710. Penalties for conviction of harassment in the second degree.
(2006)
(A)
Except
as provided in subsection (B), a person who engages in harassment in the second
degree is guilty of a misdemeanor and, upon conviction, must be fined not more
than two hundred dollars, imprisoned not more than thirty days, or
both.
(B)
A
person convicted of harassment in the second degree is guilty of a misdemeanor
and, upon conviction, must be fined not more than one thousand dollars,
imprisoned not more than one year, or both if:
(1)
the
person has a prior conviction of harassment or stalking
within the preceding ten years; or
(2)
at the
time of the harassment an injunction or restraining order was in effect
prohibiting the harassment.
(C)
In
addition to the penalties provided in this section, a person convicted of
harassment in the second degree who received licensing or registration
information pursuant to Article 4 of Chapter 3 of Title 56 and used the
information in furtherance of the commission of the offense under this section
must be fined two hundred dollars or imprisoned thirty days, or both.